1. Separate Property
    • All property owned by the husband or wife before marriage,
    • All property acquired during marriage by gift, bequest, devise, or descent (with rents, issues, and profits thereof - and items taken in exchange for it)
    • §770

    • + All property acquired while living separate and apart
    • (earnings and accumulations of spouse + minor children living with or in custody of spouse)
    • §771
  2. Community Property
    All real and personal property acquired by a married person while domiciled in California (except for statutorily defined separate property) - § 760

    A right of survivorship can be annexed to community property
  3. "Onerous Title" -> Community
    "Onerous Title" - Community Property

    Acquired by H and W during marriage through labor, industry, or other valuable consideration (except property acquired through consideration of spouse's SP)

    (policy = marital partnership: BOTH share benefits)
  4. "Lucrative Title" -> CP or SP
    "Lucrative Title" -> Community Property OR Separate Property

    Acquired through gift, succession, inheritance

    = CP or SP - based on donative intent
  5. CP Includes...
    • 1. Earnings and accumulations from effort, skill, and industry of a spouse during marriage
    • 2. Credit acquisitions
    • 3. Personal injury awards form a c/a arising during marriage
  6. Degree or License to Practice a Profession

    • The community is entitled to reimbursement for contributions to the education or training of a party that substantially enhances the party's earning capacity. (sufficient that the party retains the potential to realize the benefits in the future)
    • (1) Direct payments for education or training, or
    • (2) Payments on a loan incurred for education or training
Card Set
Community Property